Types

Durable (Financial) Power of Attorney – A POA that is not affected by the state of the principal’s health. That is, it will continue regardless of whether the principal is deemed to be in a state of incapacity or is pronounced dead.

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General (Financial) Power of Attorney – A POA that is only valid so long as the principal is conscious and of a sound mind.

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Limited (Special) Power of Attorney – A document that restricts the scope of the agent’s powers so that they may only be used in the matters and circumstances noted in the contract.

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Medical Power of Attorney – Considering that a Medical POA cannot be valid if it is made after the principal is deemed to be incapacitated, it is vital that anyone considering drafting this legal document does so as far in advance as possible.

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Minor Child Power of Attorney – A type of limited POA that legally establishes an arrangement whereby a parent or guardian grants another party the legal powers required to take their place in the care of their children in certain circumstances.

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Motor Vehicle (DMV) Power of Attorney – By completing this form, an individual can appoint an attorney-in-fact to represent them in particular matters pertaining to their motor vehicle.

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Real Estate (Property) Power of Attorney – Should an individual require assistance from another party to organize such aspects of home ownership as selling or buying a property, this form will outline the necessary requirements to do so.

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Revocation of Power of Attorney – This document takes away any and all authority an agent was granted via a valid POA to handle a principal’s affairs.

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State Tax Filing Power of Attorney – In order for a resident of North Dakota to enact a State Tax Filing POA, they must complete Form 500: Authorization to Disclose Tax Information & Designation of Representative Office, which is a document issued by the North Dakota State Tax Commissioner.

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What is a North Dakota Power of Attorney?

A North Dakota Power of Attorney sets out the necessary conditions by which decision making powers can be transferred from one party to another. In addition to detailing the nature of the power of attorney arrangement in the document, the creator of the POA (the Principal) as well as the party who has agreed to act in the Principal’s stead (the Agent) must abide by any state laws on the matter that concern their legally-binding relationship to one another and their individual and shared responsibilities.

• North Dakota Power of Attorney Laws – (Chapter 30.1-30, “Uniform Power of Attorney Act” and Chapter 23-06.5, “Health Care Directives”)
• State Definition of a Durable Power of Attorney (§ 30.1-30-01 (5-501)) – “a power of attorney by which a principal designates another as the principal’s attorney in fact in writing and the writing contains the words “This power of attorney is not affected by subsequent disability or incapacity of the principal or by lapse of time,” or “This power of attorney becomes effective upon the disability or incapacity of the principal,” or similar words showing the intent of the principal that the authority conferred is exercisable notwithstanding the principal’s subsequent disability or incapacity, and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.”
• State Definition of a Health Care Directive (§ 23-06.5-02) – “means a written instrument that complies with this chapter and includes one or more health care instructions, a power of attorney for health care, or both.”
• Signing Requirements
  • General / Durable Power of Attorney – The law is silent on the matter of state-mandated signing requirements. It is, however, recommended that the Power of Attorney is signed by the Principal before a Notary Public as well as two (2) witnesses.
  • Health Care Directive / Medical Power of Attorney (§ 23-06.5-05) – It is a requirement that the Principal signs the document and that the signature is verified by either a Notary Public or at least two (2) or more subscribing witnesses.

When is it Effective?

There are no state-mandated signing requirements that must be upheld in order for a Power of Attorney to be effective. For this reason, it is strongly recommended that a POA is signed by the Principal before a Notary Public as well as two (2) witnesses.

The law mandates signing requirements, however, for a Health Care Directive / Medical Power of Attorney. In line with § 23-06.5-05, the Principal must sign the document and their signature must be verified by either a Notary Public or at least two (2) or more subscribing witnesses.